First, what will happen if the parties do not reply to the invalid trademark?
If you don't reply, the trademark will enter the objection procedure normally, and the examiner of the objection office will make a fair ruling based on the evidence provided by the objector, and the result will be biased towards the objector. If the evidence and reasons of the objector are insufficient, the trademark registration shall be approved. If the dissenter has sufficient evidence and reasons, the trademark shall be invalid.
II. Trademark Law of People's Republic of China (PRC)
Article 44 Where a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When the Trademark Office decides to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing after receiving the application and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.
The key to trademark invalidation is the economic potential brought by intellectual property ownership. If the rights and interests are infringed in the market competition, you can directly defend your rights by legal means. However, once your trademark is invalid in the above-mentioned behavior, you should listen to the judgment of the relevant institutions and not violate the regulations, otherwise you will be severely dealt with.